A recent decision of the Appellate Division, Second Department, Matter of O’Connell (New York Law Journal, Aug. 24, 2012) once again raises the issue concerning the extent of a surrogate’s subject matter jurisdiction provided either under the Constitution or statute. There is no question that the Surrogate’s Court is a court of limited jurisdiction. However, the people of the State of New York granted to the Surrogate’s Court jurisdiction over any and all matters dealing with the affairs of the decedent and guardianship of the property of infants under Article 6, Section 12 of the New York Constitution.
As indicated in Matter of Piccinone, 57 NY2d 278, the Legislature may not take away the jurisdiction that the people of the State of New York granted to the Surrogate’s Court. However, pursuant to Article 6, Section 12(d), the Legislature may grant additional jurisdiction to the Surrogate’s Courts over other actions and proceedings not within the exclusive jurisdiction of the Supreme Court. There are numerous proceedings where the Legislature did just that.
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